Case details

Plaintiff claimed neck injuries caused by rear-end collision





Result type

Not present

anxiety, blunt force trauma to the head, cervical, disc protrusion, fusion, head, impairment, mental, neck, psychological, sensory, speech, vision
On July 11, 2014, plaintiff Maximo Torres, 65, an independent commercial truck driver, was driving in Central Los Angeles when his vehicle was rear-ended by a truck operated by Eddy Rodriguez Gutierrez. Torres claimed to his neck and back. Torres sued Gutierrez and the owner of the truck, Evoqua Water Technologies LLC. Torres alleged that Gutierrez was negligent in the operation of the truck and that Evoqua was vicariously liable for Gutierrez’s actions. All experts agreed the collision involved a light, 2 to 3 mph impact. Defense counsel disputed liability, arguing that Torres caused the crash by stopping suddenly in a vehicle without brake lights., Torres claimed he suffered blunt force trauma to his head, causing him to loss of consciousness at the scene. He also claimed he suffered a 2 millimeter cervical disc protrusion at C4-5 and a 3 millimeter cervical disc protrusion at C5-6. Torres ultimately underwent an anterior cervical discectomy and fusion at C5-6 and C6-7 on March 4 2016. Torres claimed he continues to suffer from constant, moderate pain and stiffness in his neck and upper back, as well as blurred vision, anxiety, and nervousness. He also claimed that his condition affects his ability to work. Torres alleged that as a result, he will require a cervical fusion in the future due to adjacent disc level disease. Thus, Torres sought recovery of $252,894.42 for his past medical costs, $159,304 for the present value of his future loss of earning capacity, and $483,065 for the present value of his future medical costs for the cervical fusion and other future life care needs. He also sought recovery of noneconomic damages for his past and future pain and suffering. Defense counsel argued that Torres’ disc protrusions were chronic, degenerative issues and were not caused by the low-speed collision.
Superior Court of Los Angeles County, Los Angeles, CA

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